Virginia Employment Background Checks & Criminal Records
A criminal record can create problems during a job search even years after a Virginia criminal case has ended. Employers and background-screening companies may obtain information from court records, criminal-history databases and other sources, and the information reported can depend on the type of background check being performed. A dismissal does not necessarily mean that a criminal charge immediately disappears, and a criminal conviction does not automatically vanish simply because seven years have passed. Virginia law provides several forms of criminal record relief that can affect what remains publicly available, including expungement, automatic record sealing and petition-based record sealing. The correct form of relief depends on the original charge, final disposition, criminal history and applicable Virginia law. This guide explains how Virginia employment background checks interact with criminal records and when expungement or record sealing may help.
Virginia Employment Background Check Guide Topics
Related Virginia Record Relief Guides
- Virginia Criminal Record Relief Guide
- Virginia Expungement Guide
- Virginia Record Sealing Guide
- Virginia Clean Slate Guide
- Virginia Clean Slate Eligibility Guide
How Far Back Does an Employment Background Check Go in Virginia?
There is no single rule that causes every criminal record to disappear from an employment background check after a particular number of years. How far back a background check goes can depend on the type of record, the source of the information, the background-screening company and the type of position for which a person is applying.
Federal consumer-reporting law generally limits how long certain types of adverse information may be reported. Criminal convictions are treated differently, however, and are not subject to a general federal rule requiring them to disappear from an employment background report after seven years.
As a result, a person should not assume that a Virginia misdemeanor or felony conviction will disappear from an employment background check simply because seven years have passed.
The age of a criminal record and whether the record has been legally expunged or sealed are different questions. When a qualifying Virginia record is actually expunged or sealed, its legal status and accessibility change. Whether a particular criminal record qualifies for relief depends on the charge, disposition, criminal history and applicable Virginia law.
What Shows Up on a Virginia Employment Background Check?
There is no single universal Virginia employment background check. Employers and background-screening companies may obtain information from different sources and may conduct different levels of investigation.
Depending on the type of background check, criminal-history information may include:
- Arrests and criminal charges;
- Pending criminal cases;
- Misdemeanor convictions;
- Felony convictions;
- Dismissed charges;
- Acquittals;
- Nolle prosequi dispositions;
- Deferred dispositions; and
- Other information associated with Virginia court or criminal-history records.
A Virginia court record and the statewide criminal record maintained by the Virginia State Police are not necessarily the same thing. The Virginia State Police maintains the Central Criminal Records Exchange (CCRE), Virginia’s statewide repository for criminal-history record information. A criminal case may therefore generate records maintained by the Virginia court system as well as criminal-history information maintained by the Virginia State Police.
Commercial background-screening companies may also collect information from public records and other databases and provide that information to employers.
Arrests and Criminal Charges
An arrest or criminal charge can create a record even when the person is never convicted. If the charge later results in a dismissal, acquittal or nolle prosequi, the favorable disposition does not necessarily mean that every record associated with the arrest or criminal case immediately disappears.
This is one reason a person may discover an old criminal charge during an employment background check even though the charge never resulted in a conviction.
Pending Criminal Charges
A pending criminal charge may remain available through Virginia court records and criminal-history sources while the case is unresolved.
The effect on employment can depend on the nature of the position, the employer’s policies, the information being reported and how the criminal case is ultimately resolved.
Record-relief eligibility ordinarily cannot be determined merely from the original charge because the final disposition of the case can affect whether expungement, sealing or another remedy is available.
Dismissals, Acquittals and Nolle Prosequi
A charge that is dismissed, nolle prossed or results in an acquittal may still leave court, police and criminal-history records associated with the case.
Depending on the circumstances, a qualifying non-conviction may be eligible for Virginia expungement. For more information about expungement eligibility and procedure, see our Virginia Expungement Guide.
Deferred Dispositions
A deferred disposition requires careful review because a charge that is ultimately dismissed following a deferred disposition may be treated differently from an ordinary dismissal.
The statute under which the case was deferred, the court’s findings, the final order and the person’s criminal history can affect whether the proper form of relief is expungement, automatic sealing or petition-based sealing.
What Is the Seven-Year Rule for Employment Background Checks?
The phrase “seven-year rule” causes considerable confusion when people are trying to determine how long a criminal record can appear on an employment background check.
Under the federal Fair Credit Reporting Act, certain types of adverse information generally cannot be reported by a consumer reporting agency after seven years, subject to exceptions. Records of criminal convictions are treated differently and are not subject to that general seven-year reporting limitation.
As a result, there is no general federal rule providing that a Virginia misdemeanor or felony conviction automatically disappears from an employment background check seven years after the conviction.
The seven-year rule should also not be confused with waiting periods contained in Virginia’s criminal record-sealing laws. A waiting period for eligibility to seal a Virginia criminal record and a federal limitation governing information reported by a consumer reporting agency are separate legal concepts.
If an old criminal conviction continues to appear, the more important question may be whether that particular Virginia record qualifies for record sealing.
Do Misdemeanors Show Up on Employment Background Checks in Virginia?
Yes. A Virginia misdemeanor conviction can appear on an employment background check. The fact that an offense is classified as a misdemeanor rather than a felony does not automatically prevent the conviction from appearing.
A dismissed misdemeanor charge may also remain visible as a criminal case even though the person was not convicted. The final disposition therefore matters when evaluating both what may appear on a background check and whether record relief is available.
Virginia’s record-sealing laws provide relief for certain qualifying misdemeanor records. Some records may be eligible for automatic sealing, while others may require a petition. A misdemeanor charge that did not result in a conviction may instead qualify for expungement depending on the disposition and circumstances.
Do Felonies Show Up on Employment Background Checks in Virginia?
Yes. A Virginia felony conviction can appear on an employment background check and may remain relevant long after a criminal sentence has been completed.
The passage of seven years does not create a general federal requirement that a felony conviction disappear from an employment background report.
Virginia law permits petition-based sealing of certain qualifying felony records, subject to statutory eligibility requirements, exclusions and limitations. Many felony offenses are not eligible for sealing.
A person’s complete criminal history and the particular conviction should be reviewed before determining whether felony record sealing is available.
For additional information about eligibility and the Virginia sealing process, see our Virginia Record Sealing Guide.
Do Dismissed Charges Show Up on Background Checks in Virginia?
They can. One of the most common misunderstandings concerning criminal records is the assumption that dismissal of a charge automatically deletes the criminal case.
A criminal charge can create records when a person is arrested, charged or appears in court. The final disposition may later show that the charge was dismissed, nolle prossed or resulted in an acquittal, but the historical record of the case can remain accessible.
This means a person can have a criminal case appearing on an employment background check even though there was never a conviction.
Depending on the circumstances, a dismissed charge may qualify for Virginia expungement. The precise disposition is important because not every case that ultimately ends in dismissal is treated the same way under Virginia record-relief law.
If a dismissed charge continues to appear during employment screening, the court disposition should be reviewed to determine whether Virginia expungement, record sealing or another form of relief may be available.
Do Expunged Records Show Up on Employment Background Checks?
Virginia expungement removes qualifying police and court records from ordinary access.
Virginia Code § 19.2-392.4 also provides important protections concerning disclosure of an expunged matter. An employer generally may not require an applicant to disclose information concerning an arrest, criminal charge, conviction or civil offense that has been expunged, and an applicant generally does not have to include the expunged matter when answering such a question.
Expungement is different from simply having a criminal charge dismissed. A dismissal is the disposition of the criminal prosecution. Expungement is a separate legal process addressing qualifying records created by the criminal case.
A private background-screening company may also have obtained information before an expungement occurred. If an expunged matter continues to appear on a commercial background report, the source of the information and the accuracy of the report should be investigated.
For representation in an expungement matter, see our Virginia Expungement Lawyer page.
Do Sealed Criminal Records Show Up on Employment Background Checks in Virginia?
Virginia record sealing restricts ordinary public access to qualifying criminal records.
Under Virginia Code § 19.2-392.13, when a criminal record is sealed, the Virginia State Police generally may not disseminate the sealed criminal-history information contained in the Central Criminal Records Exchange except for purposes authorized by law. Sealed court records are also generally restricted from public inspection.
For an ordinary employment background check, this can prevent qualifying sealed criminal records from being available through the public sources commonly used to obtain Virginia criminal-history information.
Sealing does not mean that every record is destroyed or that the information becomes unavailable for every purpose. Virginia law preserves access to sealed records in specified circumstances, including certain law-enforcement employment, employment for which federal law requires a criminal-history inquiry, certain national-security positions and other situations authorized by law.
For a detailed explanation of Virginia sealing law, see our Virginia Record Sealing Guide.
Individuals seeking legal representation can also review our Virginia Record Sealing Lawyer page.
Can a Virginia Employer Ask About a Sealed or Expunged Criminal Record?
Virginia law provides important disclosure protections for criminal records that have actually been expunged or sealed.
Virginia Code § 19.2-392.4 generally prohibits an employer from requiring an applicant to disclose an arrest, criminal charge, conviction or civil offense that has been expunged.
Virginia Code § 19.2-392.15 similarly provides that, subject to statutory exceptions, private employers that are not subject to federal laws or regulations in the hiring process may not require an applicant to disclose an arrest, charge or conviction that has been sealed. An applicant generally need not include a sealed matter when answering such a question.
There are important exceptions to the sealing protections. They include certain law-enforcement employment, situations in which Virginia or federal law requires the employer to make the inquiry, certain national-security positions and other circumstances authorized by Virginia law.
The distinction between an old record and a legally expunged or sealed record is therefore important.
A charge that was dismissed many years ago but never expunged is not necessarily treated the same way as a charge that has actually been expunged. Likewise, a conviction that may qualify for sealing is not the same as a conviction that has already been sealed.
Why Is My Criminal Record Still Showing on a Background Check?
There are several reasons why an old Virginia criminal case may continue to appear on an employment background check.
- The criminal charge was dismissed but was never expunged;
- The conviction does not qualify for automatic sealing;
- The record may qualify for petition-based sealing, but no petition has been filed;
- The person may believe a record was eligible for automatic sealing without confirming that the record has actually been sealed;
- The court record and the Virginia criminal record maintained by the Virginia State Police may contain different information;
- A commercial background-screening company may possess information obtained before a record was expunged or sealed;
- The background report may contain inaccurate, incomplete or outdated information; or
- The employer or position may fall within an exception permitting lawful access to information that is otherwise sealed.
The first step is usually to identify exactly what information is appearing, where the information originated and how the underlying criminal case was resolved.
How Can I Remove a Criminal Record From an Employment Background Check?
There is no single Virginia procedure called “removing a background check.” The appropriate solution depends on the underlying criminal record and why the information continues to appear.
Several different forms of relief may be relevant.
Virginia Expungement
Traditional Virginia expungement generally applies to qualifying criminal charges that did not result in conviction, including certain dismissals, acquittals and nolle prosequi dispositions.
The final disposition and circumstances of the case must be reviewed to determine whether expungement is available.
For more information, see our Virginia Expungement Guide.
Automatic Record Sealing
Virginia law provides automatic-sealing procedures for certain qualifying criminal records.
Automatic sealing does not mean that every old misdemeanor, dismissed charge or conviction is automatically removed. The offense, disposition, relevant dates and criminal history can affect whether a record falls within an automatic-sealing category.
Petition-Based Record Sealing
Certain criminal records that are not sealed automatically may qualify for petition-based sealing.
A petition is filed in Circuit Court, and eligibility depends on the particular offense, disposition, criminal history and other statutory requirements.
For more information about eligibility and the petition process, see our Virginia Record Sealing Guide.
Correcting an Inaccurate Background Check
Sometimes the problem is not whether the underlying Virginia criminal record legally exists but whether a commercial background report contains inaccurate, incomplete or outdated information.
For example, a report may identify the original criminal charge without accurately reflecting that the charge was dismissed or reduced. A report may also contain information concerning another person.
Federal consumer-reporting law provides procedures for consumers to obtain and dispute information contained in certain background reports. Correcting a commercial background report is a different issue from determining whether the underlying Virginia court or criminal-history record qualifies for expungement or sealing.
How Can I Find Out What Is Actually on My Virginia Criminal Record?
Before deciding whether expungement or record sealing is necessary, it can be useful to determine exactly what records exist and what information is being reported.
Relevant sources may include:
- The Virginia court in which the criminal case was resolved;
- Virginia public court case information;
- Your statewide Virginia criminal record maintained by the Virginia State Police through the Central Criminal Records Exchange (CCRE);
- A copy of an employment background report that has caused concern;
- Original warrants, summonses or charging documents; and
- Final court orders showing how the criminal case was resolved.
A Virginia court record and the criminal record maintained by the Virginia State Police are not necessarily the same thing. Court records show what occurred in particular court cases, while the Virginia State Police maintains statewide criminal-history information through the Central Criminal Records Exchange.
When Riley & Wells evaluates a potential expungement or record-sealing matter, we generally want to review the person’s Virginia criminal record maintained by the Virginia State Police along with the relevant court records and final dispositions. Comparing those records can help determine what appears on the criminal history, whether the disposition is accurately reported and whether expungement, record sealing or another form of relief may be available.
Virginia Employment Background Checks and the Clean Slate Law
Virginia’s Clean Slate laws provide procedures for restricting public access to qualifying criminal records through automatic and petition-based sealing.
For employment purposes, one of the important effects of sealing is that qualifying criminal records can be removed from ordinary public access and become subject to statutory restrictions concerning disclosure.
Virginia Clean Slate law does not mean that every criminal record is automatically erased.
Some records may qualify for automatic sealing. Other records require a petition. Some offenses remain ineligible for sealing, and Virginia law continues to permit access to sealed records for specified purposes.
For a detailed explanation of the Virginia Clean Slate system, see our Virginia Clean Slate Guide and Virginia Clean Slate Eligibility Guide.
Individuals seeking representation can also review our Virginia Clean Slate Lawyer page.
When Should You Consider Virginia Expungement or Record Sealing?
A criminal record should be reviewed for possible record relief when an old case continues to create employment or background-check problems and there is reason to believe that the record may qualify for expungement or sealing.
Common situations include:
- A dismissed criminal charge continues to appear on employment background checks;
- An acquittal or nolle prosequi remains visible in criminal-record searches;
- An old misdemeanor or potentially eligible felony conviction is creating employment problems;
- A person expected a record to be automatically sealed but it remains publicly visible;
- A person is unsure whether a conviction qualifies for petition-based sealing;
- A commercial background report does not accurately reflect the final disposition of a criminal case; or
- Several charges or convictions appear on the person’s record and the available forms of relief are unclear.
The proper remedy depends on the exact record. Virginia expungement, automatic sealing and petition-based sealing are separate forms of relief, and a person with several criminal cases may have different remedies available for different records.
For an overview of Virginia criminal record relief, see our Virginia Criminal Record Relief Guide.
Virginia Record Relief Legal Services
Riley & Wells Attorneys-At-Law represents clients seeking criminal record relief throughout Virginia. Our attorneys review Virginia State Police criminal records, court records and final dispositions to determine whether expungement, petition-based record sealing or another form of record relief may be available.
Virginia Employment Background Check FAQs
How far back does a background check go in Virginia?
There is no single time limit that causes every criminal record to disappear from an employment background check. Federal law generally limits the reporting of certain types of adverse information by consumer reporting agencies after seven years, but criminal convictions are treated differently and generally may be reported beyond seven years. Whether a Virginia criminal record remains publicly accessible can also depend on whether it has been expunged or sealed.
Do criminal convictions disappear after seven years in Virginia?
No. A criminal conviction does not automatically disappear simply because seven years have passed. The commonly discussed seven-year rule under federal consumer-reporting law does not create a general seven-year reporting limit for criminal convictions. Virginia expungement and record sealing are separate legal processes that may restrict access to qualifying records.
Do misdemeanors show up on employment background checks?
They can. A misdemeanor conviction can appear on a criminal background check. Even a misdemeanor charge that was later dismissed may remain visible unless the record has been expunged, sealed or otherwise restricted from public access.
Will a dismissed criminal charge show up on a background check?
It can. Dismissal of a criminal charge does not necessarily delete the court, police and criminal-history records associated with the case. Depending on the disposition and circumstances, a dismissed charge may qualify for Virginia expungement or another form of record relief.
Do sealed records show up on employment background checks in Virginia?
A properly sealed Virginia criminal record is generally restricted from ordinary public access. Certain government agencies, employers, occupations and background investigations may still have lawful access when authorized by Virginia or federal law.
Do expunged records show up on background checks?
Virginia expungement removes qualifying police and court records from ordinary access. A private background-screening database may sometimes contain information collected before the expungement or information that has not been properly updated, which can require separate review.
Can an employer ask me about a sealed criminal record in Virginia?
Virginia law generally restricts many employers from requiring disclosure of criminal records that have been sealed. Exceptions can apply when federal law or regulation requires criminal-history information or when the employment falls within another statutory exception.
How do I get a criminal record off an employment background check?
The appropriate remedy depends on the criminal record. A qualifying non-conviction may be eligible for expungement, while certain convictions and other records may qualify for automatic or petition-based sealing. If the background report itself contains inaccurate or outdated information, correcting the commercial report may also be necessary.
Request a Confidential Case Review
If a Virginia criminal charge, dismissal or conviction is appearing on an employment background check, our attorneys can review the Virginia criminal record maintained by the Virginia State Police, relevant court records and final dispositions to determine whether expungement, record sealing or another form of record relief may be available. Request a confidential case review to speak with a Virginia criminal record relief lawyer.
9/4/2026